83R10725 MAW-D
	By: West	S.B. No. 1439

	A BILL TO BE ENTITLED
	AN ACT
	relating to property and evidence technicians.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Title 10, Occupations Code, is amended by adding
	Chapter 1705 to read as follows:
	CHAPTER 1705. PROPERTY AND EVIDENCE
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 1705.001.  SHORT TITLE.  This chapter may be cited as
	the Texas Act for Property and Evidence (TAPE).
	Sec. 1705.002.  EVIDENCE TECHNICIANS. In this section:
	(1)  "Evidence" means any item that tends to prove or
	disprove that a criminal act occurred or can prove or disprove guilt
	or innocence.
	(2)  "Evidence technician" means a person employed by
	or serving a law enforcement agency who receives, preserves,
	stores, disposes of, and accounts for any and all property or
	evidence that comes into the agency's possession. The term includes
	a property control officer, property attendant, or property
	specialist.
	(3)  "Property" means any item submitted to a law
	enforcement agency's property room that does not have evidentiary
	value or is not related to or alleged to be related to any criminal
	act.
	Sec. 1705.003.  EVIDENCE TECHNICIAN CERTIFICATION. (a)
	This state or a political subdivision of this state may not appoint
	or employ a person to act as an evidence technician unless the
	person has had, or intends to complete not later than the first
	anniversary of the date of the person's appointment or employment,
	at least eight hours of evidence technician training as determined
	by the commission.
	(b)  The commission shall accredit an evidence technician
	training program that fulfills the minimum requirements
	established by commission rule. The commission shall adopt rules
	providing for the accreditation of an evidence technician training
	program developed and taught by the Texas Association of Property
	and Evidence Inventory Technicians, the Department of Public
	Safety, an institution of higher education, including a junior
	college, community college, or technical school, or any other
	entity approved by the commission.
	(c)  A person who completes an accredited training program
	under this section may submit evidence of satisfactory completion
	of an accredited evidence technician training program and request a
	written acknowledgment from the commission. On a determination by
	the commission that the person meets the minimum requirements for
	an evidence technician, the commission shall issue the written
	acknowledgment to the person.
	(d)  A person performing the duties of an evidence technician
	and serving under permanent appointment on and before September 1,
	2013, is not required to meet the requirements of this section as a
	condition of continued employment.
	(e)  Notwithstanding this section, a person may be appointed
	or serve as an evidence technician on a temporary or probationary
	basis or may perform the duties of an evidence technician in an
	emergency.
	(f)  A person appointed on a temporary or probationary basis
	after September 1, 2013, who does not satisfactorily complete an
	accredited evidence technician training program before the first
	anniversary of the date the person is originally appointed shall be
	removed from the position. The person's temporary or probationary
	appointment may not be extended for more than one year except that
	not earlier than the first anniversary of the date the person is
	removed under this subsection, the employing agency may petition
	the commission for reinstatement of the person to temporary or
	probationary employment.
	Sec. 1705.004.  PREVENTING CONSEQUENCES OF THEFT. (a)  Any
	person, other than a peace officer, under this section, has a right
	to prevent the consequences of theft by seizing any personal
	property that has been stolen and bringing it, with the person
	suspected of committing the theft, if that person can be taken,
	before a magistrate for examination, or delivering the property and
	the person suspected of committing the theft to a peace officer for
	that purpose.
	(b)  To justify a seizure under this section, there must be
	reasonable grounds to believe the property is stolen, and the
	seizure must be openly made and the proceedings must be completed
	within 72 hours.
	(c)  If the proceedings are not conducted within the
	prescribed time frame set forth in Subsection (b), the property
	shall be returned to the person from whom it was seized.
	Sec. 1705.005.  DISPOSITION OF ABANDONED OR UNCLAIMED
	PROPERTY. (a)  All unclaimed or abandoned personal property of
	every kind, other than contraband subject to forfeiture under
	Chapter 59, Code of Criminal Procedure, and whiskey, wine, and
	beer, seized by any peace officer in this state which is not held as
	evidence to be used in any pending case and has not been ordered
	destroyed or returned to the person entitled to possession of the
	property by a magistrate, which remains unclaimed for a period of 30
	days, shall be delivered for disposition to a person designated by
	the municipality or the purchasing agent of the county in which the
	property was seized. If a peace officer of a municipality seizes
	the property, the peace officer shall deliver the property to a
	person designated by the municipality. Proceeds from the sale of
	the property through public auction shall be deposited in the
	treasury designated for use by the contributing agency. If any
	other peace officer seizes the property, the peace officer shall
	deliver the property to the purchasing agent of the county. If the
	county has no purchasing agent, then such property shall be
	disposed of by the sheriff of the county.
	(b)  The county purchasing agent, the person designated by
	the municipality, or the sheriff of the county shall mail notice to
	the last known address of the owner of the property by certified
	mail. The notice shall describe the property being held, give the
	name and address of the officer holding such property, and state
	that if the owner does not claim the property within 90 days from
	the date of the notice, the property will be disposed of and the
	proceeds deposited in the treasury designated for use by the
	contributing agency.
	(c)  If the property has a fair market value of $500 or more
	and the owner or the address of the owner is unknown, the person
	designated by the municipality, the county purchasing agent, or the
	sheriff shall cause to be published once in a paper of general
	circulation in the municipality or county a notice containing a
	general description of the property held, the name of the owner if
	known, the name and address of the officer holding the property, and
	a statement that if the owner does not claim the property within 90
	days from the date of the publication, the property will be disposed
	of and, after deducting the reasonable expense of keeping the
	property and the costs of the disposition, the proceeds placed in
	the treasury of the municipality or county disposing of the
	property. If the property has a fair market value of less than $500
	and the owner or the address of the owner is unknown, the person
	designated by the municipality, the county purchasing agent, or the
	sheriff may sell or donate the property. The person designated by
	the municipality, the purchasing agent, or the sheriff shall
	deposit the sale proceeds in the treasury of the applicable
	municipality or county.
	(d)  The sale under this section of any property that has a
	fair market value of $500 or more shall be preceded by a notice
	published once at least 14 days prior to the date of the sale in a
	newspaper of general circulation in the municipality or county
	where the sale is to take place, stating the general description of
	the property, the name of the owner if known, and the date and place
	that the sale will occur. This subsection does not require
	disposition by sale.
	(e)  The real owner of any property disposed of shall have
	the right to file a claim to the proceeds with the commissioners
	court of the county or with the governing body of the municipality
	in which the disposition took place. A claim by the real owner must
	be filed not later than the 30th day after the date of disposition.
	If the claim is allowed by the commissioners court or the governing
	body of the municipality, the municipal or county treasurer shall
	pay the owner the funds paid into the treasury of the municipality
	or county as proceeds of the disposition. If the claim is denied by
	the commissioners court or the governing body, or if the court or
	body fails to act upon such claim within 90 days, the claimant may
	file suit against the municipal or county treasurer in a court of
	competent jurisdiction in the county, and if the claimant presents
	sufficient proof of ownership, recover judgment against the
	municipality or county for the recovery of the proceeds of the
	disposition.
	(f)  In this section:
	(1)  "Person designated by a municipality" means an
	officer or employee of a municipality who is designated by the
	municipality to be primarily responsible for the disposition of
	property under this section.
	(2)  "Property held as evidence" means property related
	to a charge that has been filed or to a matter that is being
	investigated for the filing of a charge.
	(g)  If the provisions of this section have been met and the
	property is scheduled for disposition, the municipal or county law
	enforcement agency that originally seized the property may request
	and have the property converted to agency use. The agency at any
	time may transfer the property to another municipal or county law
	enforcement agency for the use of that agency. The agency last
	using the property shall return the property to the person
	designated by the municipality, county purchasing agent, or sheriff
	for disposition when the agency has completed the intended use of
	the property.
	(h)  If the abandoned or unclaimed personal property is
	money, the person designated by the municipality, the county
	purchasing agent, or the sheriff of the county, as appropriate,
	may, after giving notice under Subsection (b) or (c), deposit the
	money in the treasury of the municipality or county giving the
	notice.
	(i)  While offering the property for sale under this section,
	if a person designated by a municipality, county purchasing agent,
	or sheriff considers any bid insufficient, the person, agent, or
	sheriff may decline the bid and reoffer the property for sale.
	(j)  Chapters 72, 74, 75, and 76, Property Code, do not apply
	to unclaimed or abandoned property to which this section applies.
	Sec. 1705.006.  DISPOSITION OF GAMBLING PARAPHERNALIA,
	PROHIBITED WEAPONS, CRIMINAL INSTRUMENTS, AND OTHER CONTRABAND.
	(a) Following the final conviction of a person for possession of a
	gambling device or equipment, altered gambling equipment, or
	gambling paraphernalia, or for an offense involving a criminal
	instrument, an obscene device or material, child pornography, or a
	scanning device or re-encoder, the court entering the judgment of
	conviction shall order that the machine, device, gambling equipment
	or gambling paraphernalia, instrument, obscene device or material,
	child pornography, or scanning device or re-encoder be destroyed or
	forfeited to the state. Not later than the 30th day after the final
	conviction of a person for an offense involving a prohibited
	weapon, the court entering the judgment of conviction on its own
	motion, on the motion of the prosecuting attorney in the case, or on
	the motion of the law enforcement agency initiating the complaint
	after notice to the prosecuting attorney in the case if the
	prosecutor fails to move for the order, shall order that the
	prohibited weapon be destroyed or forfeited to the law enforcement
	agency that initiated the complaint. If the court fails to enter
	the order within the time required by this subsection, any
	magistrate in the county in which the offense occurred may enter the
	order. Following the final conviction of a person for an offense
	involving dog fighting, the court entering the judgment of
	conviction shall order that any dog-fighting equipment be destroyed
	or forfeited to the state. Destruction of dogs, if necessary, must
	be carried out by a veterinarian licensed in this state or, if one
	is not available, by trained personnel of a humane society or an
	animal shelter. If forfeited, the court shall order the contraband
	delivered to the state, any political subdivision of the state, or
	any state institution or agency. If gambling proceeds were seized,
	the court shall order them forfeited to the state and shall transmit
	them to the grand jury of the county in which they were seized for
	use in investigating alleged violations of the Penal Code, or to the
	state, any political subdivision of the state, or any state
	institution or agency.
	(b)  If there is no prosecution or conviction following
	seizure, the magistrate to whom the return was made shall notify in
	writing the person found in possession of the alleged gambling
	device or equipment, altered gambling equipment or gambling
	paraphernalia, gambling proceeds, prohibited weapon, obscene
	device or material, child pornography, scanning device or
	re-encoder, criminal instrument, or dog-fighting equipment to show
	cause why the property seized should not be destroyed or the
	proceeds forfeited. The magistrate, on the motion of the law
	enforcement agency seizing a prohibited weapon, shall order the
	weapon destroyed or forfeited to the law enforcement agency seizing
	the weapon, unless a person shows cause as to why the prohibited
	weapon should not be destroyed or forfeited. A law enforcement
	agency shall make a motion under this section in a timely manner
	after the time at which the agency is informed in writing by the
	attorney representing the state that no prosecution will arise from
	the seizure.
	(c)  The magistrate shall include in the notice a detailed
	description of the property seized and the total amount of alleged
	gambling proceeds, the name of the person found in possession, the
	address where the property or proceeds were seized, and the date and
	time of the seizure.
	(d)  The magistrate shall send the notice by registered or
	certified mail, return receipt requested, to the person found in
	possession at the address where the property or proceeds were
	seized. If no one was found in possession, or the possessor's
	address is unknown, the magistrate shall post the notice on the
	courthouse door.
	(e)  Any person interested in the alleged gambling device or
	equipment, altered gambling equipment or gambling paraphernalia,
	gambling proceeds, prohibited weapon, obscene device or material,
	child pornography, scanning device or re-encoder, criminal
	instrument, or dog-fighting equipment seized must appear before the
	magistrate on the 20th day following the date the notice was mailed
	or posted. Failure to timely appear forfeits any interest the
	person may have in the property or proceeds seized, and no person
	after failing to timely appear may contest destruction or
	forfeiture.
	(f)  If a person timely appears to show cause why the
	property or proceeds should not be destroyed or forfeited, the
	magistrate shall conduct a hearing on the issue and determine the
	nature of the property or proceeds and the person's interest
	therein. Unless the person proves by a preponderance of the
	evidence that the property or proceeds are not gambling equipment,
	altered gambling equipment, gambling paraphernalia, a gambling
	device, gambling proceeds, a prohibited weapon, an obscene device
	or material, child pornography, a criminal instrument, a scanning
	device or re-encoder, or dog-fighting equipment and that the person
	is entitled to possession, the magistrate shall dispose of the
	property or proceeds in accordance with Subsection (a).
	(g)  In this section:
	(1)  "Criminal instrument," "gambling device or
	equipment, altered gambling equipment, or gambling paraphernalia,"
	and "prohibited weapon" have the meanings assigned by the Penal
	Code.
	(2)  "Dog-fighting equipment" means:
	(A)  equipment used for training or handling a
	fighting dog, including a harness, treadmill, cage, decoy, pen,
	house for keeping a fighting dog, feeding apparatus, or training
	pen;
	(B)  equipment used for transporting a fighting
	dog, including any automobile, or other vehicle, and its
	appurtenances which are intended to be used as a vehicle for
	transporting a fighting dog;
	(C)  equipment used to promote or advertise an
	exhibition of dog fighting, including a printing press or similar
	equipment, paper, ink, or photography equipment; or
	(D)  a dog trained, being trained, or intended to
	be used to fight with another dog.
	(3)  "Obscene device" and "obscene" have the meanings
	assigned by Section 43.21, Penal Code.
	(4)  "Re-encoder" has the meaning assigned by Section
	35.60, Business & Commerce Code.
	(5)  "Scanning device" has the meaning assigned by
	Section 35.60, Business & Commerce Code.
	(6)  "Obscene material" and "child pornography"
	include digital images and the media and equipment on which those
	images are stored.
	(h)  A provider of an electronic communication service or of
	a remote computing service to the public may not be held liable for
	an offense involving obscene material or child pornography under
	this section due to any action taken in good faith in providing that
	service.
	Sec. 1705.007.  DISPOSITION OF EXPLOSIVE WEAPONS AND
	CHEMICAL DISPENSING DEVICES. (a)  After seizure of an explosive
	weapon or chemical dispensing device, as these terms are defined in
	Section 46.01, Penal Code, a peace officer or a person acting at the
	direction of a peace officer shall:
	(1)  photograph the weapon in the position where it is
	recovered before touching or moving it;
	(2)  record the identification designations printed on
	a weapon if the markings are intact;
	(3)  if the weapon can be moved, move it to an isolated
	area in order to lessen the danger to the public;
	(4)  if possible, retain a portion of a wrapper or other
	packaging materials connected to the weapon;
	(5)  retain a small portion of the explosive material
	and submit the material to a laboratory for chemical analysis;
	(6)  separate and retain components associated with the
	weapon such as fusing and triggering mechanisms if those mechanisms
	are not hazardous in themselves;
	(7)  destroy the remainder of the weapon in a safe
	manner;
	(8)  at the time of destruction, photograph the
	destruction process and make careful observations of the
	characteristics of the destruction;
	(9)  after destruction, inspect the disposal site and
	photograph the site to record the destructive characteristics of
	the weapon; and
	(10)  retain components of the weapon and records of
	the destruction for use as evidence in court proceedings.
	(b)  Representative samples, photographs, and records made
	pursuant to this section are admissible in civil or criminal
	proceedings in the same manner and to the same extent as if the
	explosive weapon were offered in evidence, regardless of whether or
	not the remainder of the weapon has been destroyed. No inference or
	presumption of spoliation applies to weapons destroyed pursuant to
	this section.
	Sec. 1705.008.  DEPOSIT OF MONEY PENDING DISPOSITION. (a)
	If money is seized by a law enforcement agency in connection with a
	violation of Chapter 47, Penal Code, the state or the political
	subdivision of the state that employs the law enforcement agency
	may deposit the money in an interest-bearing bank account in the
	jurisdiction of the agency that made seizure or in the county in
	which the money was seized until a final judgment is rendered
	concerning the violation.
	(b)  If a final judgment is rendered concerning a violation
	of Chapter 47, Penal Code, money seized in connection with the
	violation that has been placed in an interest-bearing bank account
	shall be distributed according to this chapter, with any interest
	being distributed in the same manner and used for the same purpose
	as the principal.
	Sec. 1705.009.  DISPOSITION OF SEIZED WEAPONS. (a)  Weapons
	seized in connection with an offense involving the use of a weapon
	or an offense under Chapter 46, Penal Code, shall be held by the law
	enforcement agency making the seizure, subject to the following
	provisions, unless:
	(1)  the weapon is a prohibited weapon identified in
	Chapter 46, Penal Code, in which event Section 1705.006 applies; or
	(2)  the weapon is alleged to be stolen property, in
	which event Chapter 47, Code of Criminal Procedure, applies.
	(b)  When a weapon described in Subsection (a) is seized, and
	the seizure is not made pursuant to a search or arrest warrant, the
	person seizing the weapon shall prepare and deliver to a magistrate
	a written inventory of each weapon seized.
	(c)  If there is no prosecution or conviction for an offense
	involving the weapon seized, the magistrate to whom the seizure was
	reported shall, before the 61st day after the date the magistrate
	determines that there will be no prosecution or conviction, notify
	in writing the person found in possession of the weapon that the
	person is entitled to the weapon upon written request to the
	magistrate. The magistrate shall order the weapon returned to the
	person found in possession before the 61st day after the date the
	magistrate receives a request from the person. If the weapon is not
	requested before the 61st day after the date of notification, the
	magistrate shall, before the 121st day after the date of
	notification, order the weapon destroyed or forfeited to the state
	for use by the law enforcement agency holding the weapon or by a
	county forensic laboratory designated by the magistrate. If the
	magistrate does not order the return, destruction, or forfeiture of
	the weapon within the applicable period prescribed by this
	subsection, the law enforcement agency holding the weapon may
	request an order of destruction or forfeiture of the weapon from the
	magistrate.
	(d)  A person either convicted or receiving deferred
	adjudication under Chapter 46, Penal Code, is entitled to the
	weapon seized upon request to the court in which the person was
	convicted or placed on deferred adjudication. However, the court
	entering the judgment shall order the weapon destroyed or forfeited
	to the state for use by the law enforcement agency holding the
	weapon or by a county forensic laboratory designated by the court
	if:
	(1)  the person does not request the weapon before the
	61st day after the date of the judgment of conviction or the order
	placing the person on deferred adjudication;
	(2)  the person has been previously convicted under
	Chapter 46, Penal Code;
	(3)  the weapon is a prohibited weapon as provided by
	Section 46.05, Penal Code;
	(4)  the offense for which the person is convicted or
	receives deferred adjudication was committed in or on the premises
	of a playground, school, video arcade facility, or youth center, as
	those terms are defined by Section 481.134, Health and Safety Code;
	or
	(5)  the court determines based on the prior criminal
	history of the defendant or based on the circumstances surrounding
	the commission of the offense that possession of the seized weapon
	would pose a threat to the community or one or more individuals.
	(e)  If the person found in possession of a weapon is
	convicted of an offense involving the use of the weapon, before the
	61st day after the date of conviction the court entering judgment of
	conviction shall order destruction of the weapon or forfeiture to
	the state for use by the law enforcement agency holding the weapon
	or by a county forensic laboratory designated by the court. If the
	court entering judgment of conviction does not order the
	destruction or forfeiture of the weapon within the period
	prescribed by this subsection, the law enforcement agency holding
	the weapon may request an order of destruction or forfeiture of the
	weapon from a magistrate.
	Sec. 1705.010.  DUTY OF CLERKS. (a)  In a criminal
	proceeding, a clerk of the district or county court shall:
	(1)  receive and file all papers;
	(2)  receive all exhibits at the conclusion of the
	proceeding;
	(3)  issue all process; and
	(4)  perform all other duties imposed on the clerk by
	law.
	(b)  At any time during or after a criminal proceeding, the
	court reporter shall release for safekeeping any firearm or
	contraband received as an exhibit in that proceeding to:
	(1)  the sheriff; or
	(2)  in a county with a population of 500,000 or more,
	the law enforcement agency that collected, seized, or took
	possession of the firearm or contraband or produced the firearm or
	contraband at the proceeding.
	(c)  The sheriff or the law enforcement agency, as
	applicable, shall receive and hold the exhibits consisting of
	firearms or contraband and release them only to the person or
	persons authorized by the court in which such exhibits have been
	received or dispose of them as provided by this chapter.
	(d)  In this section, "eligible exhibit" means an exhibit
	filed with the clerk that:
	(1)  is not a firearm or contraband;
	(2)  has not been ordered by the court to be returned to
	its owner; and
	(3)  is not an exhibit in another pending criminal
	action.
	(e)  An eligible exhibit may be disposed of as provided by
	this section:
	(1)  on or after the first anniversary of the date on
	which a conviction becomes final in the case, if the case is a
	misdemeanor or a felony for which the sentence imposed by the court
	is five years or less; or
	(2)  on or after the second anniversary of the date on
	which a conviction becomes final in the case, if the case is an
	offense, other than a capital felony, for which the sentence
	imposed by the court is greater than five years.
	(f)  A clerk in a county with a population of 1.7 million or
	more may dispose of an eligible exhibit on the date provided by
	Subsection (e) if on that date the clerk has not received a request
	for the exhibit from either the attorney representing the state in
	the case or the attorney representing the defendant.
	(g)  A clerk in a county with a population of less than 1.7
	million must provide written notice by mail to the attorney
	representing the state in the case and the attorney representing
	the defendant before disposing of an eligible exhibit.
	(h)  The notice under Subsection (g) of this section must:
	(1)  describe the eligible exhibit;
	(2)  give the name and address of the court holding the
	exhibit; and
	(3)  state that the eligible exhibit will be disposed
	of unless a written request is received by the clerk before the 31st
	day after the date of notice.
	(i)  If a request is not received by a clerk covered by
	Subsection (g) of this section before the 31st day after the date of
	notice, the clerk may dispose of the eligible exhibit.
	(j)  If a request is timely received, the clerk shall deliver
	the eligible exhibit to the person making the request if the court
	determines the requestor is the owner of the eligible exhibit.
	Sec. 1705.011.  EVIDENCE CONTAINING BIOLOGICAL MATERIAL.
	(a)  In this section, "biological evidence" means:
	(1)  the contents of a sexual assault examination kit;
	or
	(2)  any item that contains blood, semen, hair, saliva,
	skin tissue, fingernail scrapings, bone, bodily fluids, or any
	other identifiable biological material that was collected as part
	of an investigation of an alleged felony offense or conduct
	constituting a felony offense that might reasonably be used to:
	(A)  establish the identity of the person
	committing the offense or engaging in the conduct constituting the
	offense; or
	(B)  exclude a person from the group of persons
	who could have committed the offense or engaged in the conduct
	constituting the offense.
	(b)  This section applies to a governmental or public entity
	or an individual, including a law enforcement agency, prosecutor's
	office, court, public hospital, or crime laboratory, that is
	charged with the collection, storage, preservation, analysis, or
	retrieval of biological evidence.
	(c)  An entity or individual described by Subsection (b)
	shall ensure that biological evidence collected pursuant to an
	investigation or prosecution of a felony offense or conduct
	constituting a felony offense is retained and preserved:
	(1)  for not less than 40 years, or until the applicable
	statute of limitations has expired, if there is an unapprehended
	actor associated with the offense; or
	(2)  in a case in which a defendant has been convicted,
	placed on deferred adjudication community supervision, or
	adjudicated as having engaged in delinquent conduct and there are
	no additional unapprehended actors associated with the offense:
	(A)  until the inmate is executed, dies, or is
	released on parole, if the defendant is convicted of a capital
	felony;
	(B)  until the defendant dies, completes the
	defendant's sentence, or is released on parole or mandatory
	supervision, if the defendant is sentenced to a term of confinement
	or imprisonment in the Texas Department of Criminal Justice;
	(C)  until the defendant completes the
	defendant's term of community supervision, including deferred
	adjudication community supervision, if the defendant is placed on
	community supervision;
	(D)  until the defendant dies, completes the
	defendant's sentence, or is released on parole, mandatory
	supervision, or juvenile probation, if the defendant is committed
	to the Texas Juvenile Justice Department; or
	(E)  until the defendant completes the
	defendant's term of juvenile probation, including a term of
	community supervision upon transfer of supervision to a criminal
	court, if the defendant is placed on juvenile probation.
	(d)  The attorney representing the state, clerk, or other
	officer in possession of biological evidence described by
	Subsection (a) may destroy the evidence, but only if the attorney,
	clerk, or officer by mail notifies the defendant, the last attorney
	of record for the defendant, and the convicting court of the
	decision to destroy the evidence and a written objection is not
	received by the attorney, clerk, or officer from the defendant,
	attorney of record, or court before the 91st day after the later of
	the following dates:
	(1)  the date on which the attorney representing the
	state, clerk, or other officer receives proof that the defendant
	received notice of the planned destruction of evidence; or
	(2)  the date on which notice of the planned
	destruction of evidence is mailed to the last attorney of record for
	the defendant.
	(e)  To the extent of any conflict, this section controls
	over Section 1705.010.
	(f)  The Department of Public Safety shall adopt standards
	and rules authorizing a county with a population less than 100,000
	to ensure the preservation of biological evidence by promptly
	delivering the evidence to the Department of Public Safety for
	storage in accordance with Section 411.053, Government Code, and
	department rules.
	(g)  The Department of Public Safety shall adopt standards
	and rules, consistent with best practices, relating to a person
	described by Subsection (b), that specify the manner of collection,
	storage, preservation, and retrieval of biological evidence.
	(h)  A person described by Subsection (b) may solicit and
	accept gifts, grants, donations, and contributions to support the
	collection, storage, preservation, retrieval, and destruction of
	biological evidence.
	Sec. 1705.012.  ANALYSIS OF SEXUAL ASSAULT EVIDENCE. (a)
	This section applies only to physical evidence of a sexual assault
	with respect to an active criminal case.
	(b)  A law enforcement agency that receives sexual assault
	evidence collected under this chapter or other law shall submit
	that evidence to a public accredited crime laboratory for analysis
	not later than the 30th day after the date on which that evidence
	was received.
	(c)  A person who submits sexual assault evidence to a public
	accredited crime laboratory under this section or other law shall
	provide the following signed, written certification with each
	submission: "This evidence is being submitted by (name of person
	making submission) in connection with a criminal investigation."
	(d)  If sufficient personnel and resources are available, a
	public accredited crime laboratory as soon as practicable shall
	complete its analysis of sexual assault evidence submitted under
	this section or other law.
	(e)  To ensure the expeditious completion of analyses, the
	department and other applicable public accredited crime
	laboratories may contract with private accredited crime
	laboratories as appropriate to perform those analyses, subject to
	the necessary quality assurance reviews by the public accredited
	crime laboratories.
	(f)  The failure of a law enforcement agency to submit sexual
	assault evidence within the period required by this section does
	not affect the authority of:
	(1)  the agency to submit the evidence to an accredited
	crime laboratory for analysis; or
	(2)  an accredited crime laboratory to analyze the
	evidence or provide the results of that analysis to appropriate
	persons.
	(g)  On the request of any appropriate person and after an
	evidence collection kit containing biological evidence has been
	analyzed by an accredited crime laboratory and any necessary
	quality assurance reviews have been performed, the department shall
	compare the DNA profile obtained from the biological evidence with
	DNA profiles maintained in:
	(1)  state databases, including the DNA database
	maintained under Subchapter G, Chapter 411, Government Code, if the
	amount and quality of the analyzed sample meet the requirements of
	the state database comparison policies; and
	(2)  the CODIS DNA database established by the Federal
	Bureau of Investigation, if the amount and quality of the analyzed
	sample meet the requirements of the bureau's CODIS comparison
	policies.
	Sec. 1705.013.  BEVERAGE DELIVERED TO COMMISSION. Any
	alcoholic beverage, its container, and its packaging which has been
	seized by a peace officer, as provided in Section 103.03, Alcoholic
	Beverage Code, may be disposed of by the agency seizing the items or
	may be delivered to the commission for immediate public or private
	sale in the manner determined by the commission.
	Sec. 1705.014.  BEVERAGE OF ILLICIT MANUFACTURE OR UNFIT FOR
	CONSUMPTION. (a) The commission or local agency may not sell
	alcoholic beverages seized by a peace officer, as provided in
	Section 1705.013, that are unfit for public consumption or are of
	illicit manufacture.
	(b)  An alcoholic beverage is unfit for public consumption
	if:
	(1)  the manufacturer or wholesaler of the beverage
	determines that the beverage is inappropriate for sale to a
	consumer;
	(2)  the beverage is damaged; or
	(3)  the code date affixed by the manufacturer to the
	beverage has expired.
	(c)  If the commission or local agency determines that a
	seized alcoholic beverage is unfit for public consumption or is of
	illicit manufacture, the commission or local agency shall destroy
	the beverage.
	Sec. 1705.015.  SALE OF BEER. (a) Any beer, its container,
	or its packaging which is seized under the terms of this chapter
	shall be disposed of in accordance with this section.
	(b)  On notification that beer has been seized, the
	commission or local agency shall promptly notify a holder of a
	general, local, or branch distributor's license who handles the
	brand of beer seized and who operates in the county in which it was
	seized. If the beer was seized in a dry area, the commission or
	local agency shall notify either the general, local, or branch
	distributor who handles the brand operating nearest the area or the
	manufacturer brewing the beer. The commission or local agency, as
	appropriate, and the distributor or manufacturer shall jointly
	determine whether the beer is in a salable condition.
	(c)  If the beer is determined not to be in a salable
	condition, the commission or local agency shall immediately destroy
	it. If it is determined to be in a salable condition, it shall be
	offered for sale to the distributor or manufacturer. If offered to
	a distributor, the beer shall be sold at the distributor's cost
	price less any state taxes which have been paid on the beer. If the
	beer is offered to a manufacturer, it shall be sold at the
	manufacturer's cost price to its nearest distributor, less any
	state taxes which have been paid on the beer. A distributor or
	manufacturer that purchases beer under this subsection is
	responsible for the costs of transporting the beer.  Local agencies
	may donate the beer to distributors or manufacturers. Local
	agencies may collect any charges incurred as a result of the
	seizure, and storage or warehousing charges necessarily incurred as
	a result of the seizure shall be added to the cost price.
	(d)  If the distributor or manufacturer does not exercise the
	right to purchase salable beer or to purchase returnable bottles,
	containers, or packages at the applicable deposit price before the
	11th day after the date items are offered to the distributor or
	manufacturer, the commission shall sell the beer, bottles,
	containers, or packages at public or private sale as provided in
	this chapter.  Local agencies shall dispose of the beer, bottles,
	containers, or packages as provided for in this chapter.
	Sec. 1705.016.  SALE OF LIQUOR. (a) Any liquor, its
	container, or its packaging which is seized under the terms of this
	chapter shall be disposed of in accordance with this section.
	(b)  On notification that liquor has been seized, the
	commission or local agency shall promptly notify a holder of a
	wholesaler's permit, a general class B wholesaler's permit, or a
	local class B wholesaler's permit who handles the brand of liquor
	seized and who operates in the county in which it was seized. If the
	liquor was seized in a dry area, the commission or local agency
	shall notify the wholesaler who handles the brand seized who
	operates nearest the area. The commission or local agency, as
	appropriate, and the wholesaler shall jointly determine whether the
	liquor is in a salable condition.
	(c)  If the liquor is determined not to be in a salable
	condition, the commission or local agency shall immediately destroy
	it. If it is determined to be in a salable condition, it shall first
	be offered for sale to the wholesaler notified at the wholesaler's
	cost price plus any storage or warehousing charges necessarily
	incurred as a result of the seizure.
	(d)  If the wholesaler does not exercise the right to
	purchase salable liquor, containers, or packages at the price
	specified in this section before the 11th day after the date items
	are offered to the wholesaler, the commission shall sell the
	liquor, container, or packages at public or private sale, as
	provided in this chapter. The local agency shall destroy the
	liquor, container, or packages as provided in this chapter.
	Sec. 1705.017.  EXERCISE OF DISCRETION IN CASE OF MISTAKE.
	This chapter shall not be construed as preventing the commission
	from exercising its discretion if illicit alcoholic beverages are
	seized as the result of an accidental shipment or other reasonable
	mistake. Under those circumstances, the commission may issue
	orders and make disposition of the alcoholic beverages as it finds
	just and reasonable.
	Sec. 1705.018.  PROCEEDS FROM SALE. (a) The proceeds from
	the sale of seized alcoholic beverages, containers, and packaging
	shall be placed in escrow in a suspense account established by the
	commission for that purpose, pending the outcome of a forfeiture
	suit under this chapter.
	(b)  Proceeds in escrow which are not forfeited to the state
	as a result of the suit shall be refunded to the alleged violator.
	If alcoholic beverages are illegally seized and sold, the person
	legally entitled to possession of the beverages at the time of the
	seizure may recover from the state the fair market value of the
	beverages, with the reimbursement paid out of the proceeds held in
	escrow from the sale and, if the funds are insufficient, from the
	confiscated liquor fund.
	Sec. 1705.019.  SEIZURE, SUMMARY FORFEITURE, AND SUMMARY
	DESTRUCTION OF CONTROLLED SUBSTANCE PROPERTY. (a) Controlled
	substance property that is manufactured, delivered, or possessed in
	violation of Chapter 481, Health and Safety Code, is subject to
	seizure and summary forfeiture to the state.
	(b)  If an item of controlled substance property is seized
	and forfeited under this section, a court may order the disposition
	of the property under Section 481.159, Health and Safety Code, or
	the department or a peace officer may summarily destroy the
	property under the rules of the department.
	Sec. 1705.020.  RULES. (a) The director may adopt
	reasonable rules and procedures, not inconsistent with the
	provisions of this chapter, concerning:
	(1)  summary forfeiture and summary destruction of
	controlled substance property or plants;
	(2)  establishment and operation of a secure storage
	area;
	(3)  delegation by a law enforcement agency head of the
	authority to access a secure storage area; and
	(4)  minimum tolerance for and the circumstances of
	loss or destruction during an investigation.
	(b)  The rules for the destruction of controlled substance
	property or plants must require:
	(1)  not less than two witnesses of the destruction of
	the property or plants;
	(2)  the preparation of an inventory of the property or
	plants destroyed; and
	(3)  the preparation of a statement that contains the
	names of the witnesses of the destruction and the details of the
	destruction.
	(c)  A document prepared under a rule adopted under this
	section must be completed, retained, and made available for
	inspection by the director.
	Sec. 1705.021.  DISPOSITION OF CONTROLLED SUBSTANCE
	PROPERTY OR PLANT. (a) If a district court orders the forfeiture
	of a controlled substance property or plant under this chapter the
	court shall also order a law enforcement agency to:
	(1)  retain the property or plant for its official
	purposes, including use in the investigation of offenses under this
	code;
	(2)  deliver the property or plant to a government
	agency for official purposes;
	(3)  deliver the property or plant to a person
	authorized by the court to receive it;
	(4)  deliver the property or plant to a person
	authorized by the director to receive it for a purpose described by
	Section 481.065(a), Health and Safety Code; or
	(5)  destroy the property or plant.
	(b)  The district court may not require the department to
	receive, analyze, or retain a controlled substance property or
	plant forfeited to a law enforcement agency other than the
	department.
	(c)  In order to ensure that a controlled substance property
	or plant is not diluted, substituted, diverted, or tampered with
	while being used in the investigation of offenses under the Health
	and Safety Code, law enforcement agencies using the property or
	plant for this purpose shall:
	(1)  employ a qualified individual to conduct
	qualitative and quantitative analyses of the property or plant
	before and after its use in an investigation;
	(2)  maintain the property or plant in a secure storage
	area accessible only to the law enforcement agency head and the
	individual responsible for analyzing, preserving, and maintaining
	security over the property or plant; and
	(3)  maintain a log documenting:
	(A)  the date of issue, date of return, type,
	amount, and concentration of property or plant used in an
	investigation; and
	(B)  the signature and the printed or typed name
	of the peace officer to whom the property or plant was issued and
	the signature and the printed or typed name of the individual
	issuing the property or plant.
	(d)  A law enforcement agency may contract with another law
	enforcement agency to provide security that complies with
	Subsection (c) for controlled substance property or plants.
	(e)  A law enforcement agency may adopt a written policy with
	more stringent requirements than those required by Subsection (c).
	The director may enter and inspect, in accordance with Section
	481.181, Health and Safety Code, a location at which an agency
	maintains records or controlled substance property or plants as
	required by this section.
	(f)  If a law enforcement agency uses a controlled substance
	property or plant in the investigation of an offense under the
	Health and Safety Code and the property or plant has been
	transported across state lines before the forfeiture, the agency
	shall cooperate with a federal agency in the investigation if
	requested to do so by the federal agency.
	(g)  Under the rules of the department, a law enforcement
	agency head may grant to another person access to a secure storage
	facility under Subsection (c)(2).
	(h)  A county, justice, or municipal court may order
	forfeiture of a controlled substance property or plant, unless the
	lawful possession of and title to the property or plant can be
	ascertained. If the court determines that a person had lawful
	possession of and title to the controlled substance property or
	plant before it was seized, the court shall order the controlled
	substance property or plant returned to the person, if the person so
	desires. The court may only order the destruction of a controlled
	substance property or plant that is not otherwise disposed of in the
	manner prescribed by Section 1705.022.
	(i)  If a controlled substance property or plant seized under
	this chapter was forfeited to an agency for the purpose of
	destruction or for any purpose other than investigation, the
	property or plant may not be used in an investigation unless a
	district court orders disposition under this section and permits
	the use of the property or plant in the investigation.
	Sec. 1705.022.  DESTRUCTION OF EXCESS QUANTITIES. (a) If a
	controlled substance property or plant is forfeited under the
	Health and Safety Code or this chapter, the law enforcement agency
	that seized the property or plant or to which the property or plant
	is forfeited may summarily destroy the property or plant without a
	court order before the disposition of a case arising out of the
	forfeiture if the agency ensures that:
	(1)  at least five random and representative samples
	are taken from the total amount of the property or plant and a
	sufficient quantity is preserved to provide for discovery by
	parties entitled to discovery;
	(2)  photographs are taken that reasonably depict the
	total amount of the property or plant; and
	(3)  the gross weight or liquid measure of the property
	or plant is determined, either by actually weighing or measuring
	the property or plant or by estimating its weight or measurement
	after making dimensional measurements of the total amount seized.
	(b)  If the property consists of a single container of
	liquid, taking and preserving one representative sample complies
	with Subsection (a)(1).
	(c)  A representative sample, photograph, or record made
	under this section is admissible in civil or criminal proceedings
	in the same manner and to the same extent as if the total quantity of
	the suspected controlled substance property or plant was offered in
	evidence, regardless of whether the remainder of the property or
	plant has been destroyed. An inference or presumption of
	spoliation does not apply to a property or plant destroyed under
	this section.
	(d)  If hazardous waste, residuals, contaminated glassware,
	associated equipment, or by-products from illicit chemical
	laboratories or similar operations are unsafe or are forfeited,
	those items may be disposed of under Subsection (a) or may be seized
	and summarily forfeited and destroyed by a law enforcement agency
	without a court order before the disposition of a case arising out
	of the forfeiture if current environmental protection standards are
	followed.
	(e)  A law enforcement agency seizing and destroying or
	disposing of materials described in Subsection (d) shall ensure
	that photographs are taken that reasonably depict the total amount
	of the materials seized and the manner in which the materials were
	physically arranged or positioned before seizure.
	Sec. 1705.023.  POLICY REGARDING DESTRUCTION. Each
	laboratory and law enforcement agency shall adopt a policy
	regarding the destruction of items under this chapter. The policy
	must include standardized handling and destruction procedures. The
	policy must require that for each item destroyed:
	(1)  before destruction, notice must be provided to the
	appropriate attorney representing the state;
	(2)  the destruction must be performed by appropriately
	trained individuals by use of an incinerator or other suitable
	method of destruction;
	(3)  at least two individuals must witness the
	destruction;
	(4)  the item must be subjected to appropriate
	laboratory analysis before destruction; and
	(5)  all documentation related to the destruction must
	be maintained in a readily accessible format for not less than two
	years following the date of destruction.
	Sec. 1705.024.  CHAIN OF CUSTODY AFFIDAVIT. (a)  A chain of
	custody affidavit that complies with this section is admissible in
	evidence on behalf of the state or the defendant to establish the
	chain of custody of physical evidence without the necessity of any
	person in the chain of custody personally appearing in court.
	(b)  This section does not limit the right of a party to
	summon a witness or to introduce admissible evidence relevant to
	the chain of custody.
	(c)  A chain of custody affidavit under this section must
	contain the following information stated under oath:
	(1)  the affiant's name and address;
	(2)  a description of the item of evidence and its
	container, if any, obtained by the affiant;
	(3)  the name of the affiant's employer on the date the
	affiant obtained custody of the physical evidence;
	(4)  the date and method of receipt and the name of the
	person from whom or location from which the item of physical
	evidence was received;
	(5)  the date and method of transfer and the name of the
	person to whom or location to which the item of physical evidence
	was transferred; and
	(6)  a statement that the item of evidence was
	transferred in essentially the same condition as received except
	for any minor change resulting from field or laboratory testing
	procedures.
	(d)  Not later than the 20th day before the trial begins in a
	proceeding in which a chain of custody affidavit under this section
	is to be introduced, the affidavit must be filed with the clerk of
	the court and a copy must be provided by fax, hand delivery, or
	certified mail, return receipt requested, to the opposing party.
	The affidavit is not admissible under Section 1 if, not later than
	the 10th day before the trial begins, the opposing party files a
	written objection to the use of the affidavit with the clerk of the
	court and provides a copy of the objection by fax, hand delivery, or
	certified mail, return receipt requested, to the offering party.
	(e)  A chain of custody affidavit is sufficient for purposes
	of this section if it uses the following form or if it otherwise
	substantially complies with this section:
	CHAIN OF CUSTODY AFFIDAVIT
	BEFORE ME, the undersigned authority, personally appeared
	______________________________, who being by me duly sworn, stated
	as follows:
	My name is __________. I am of sound mind, over the age of 18
	years, capable of making this affidavit, and personally acquainted
	with the facts stated in this affidavit.
	My address is __________.
	On the ___ day of __________, 20___, I was employed by
	___________.
	On that date, I came into possession of the physical evidence
	described as follows: (description of evidence)
	I received the physical evidence from __________ (name of
	person or description of location) on the ___ day of __________,
	20___, by ___________ (method of receipt).
	This physical evidence was in a container described and
	marked as follows: (description of container)
	I transferred the physical evidence to __________ (name of
	person or description of location) on the ___ day of __________,
	20___, by ___________ (method of delivery).
	During the time that the physical evidence was in my custody,
	I did not make any changes or alterations to the condition of the
	physical evidence except for those resulting from field or
	laboratory testing procedures, and the physical evidence or a
	representative sample of the physical evidence was transferred in
	essentially the same condition as received.
	____________________________
	Affiant
	SWORN TO AND SUBSCRIBED before me on the ___ day of
	__________, 20___.
	____________________________
	Notary Public, State of Texas
	SECTION 2.  (a)  The Department of Public Safety of the
	State of Texas, in adopting the initial standards and rules
	required by Section 1705.011, Occupations Code, as added by this
	Act, shall consult with:
	(1)  large, medium, and small law enforcement agencies;
	(2)  law enforcement associations;
	(3)  scientific experts in the collection,
	preservation, storage, and retrieval of biological evidence; and
	(4)  organizations engaged in the development of law
	enforcement policy, such as:
	(A)  the National Institute of Standards and
	Technology of the United States Commerce Department;
	(B)  the Texas District and County Attorneys
	Association;
	(C)  the Texas Criminal Defense Lawyers
	Association;
	(D)  the Texas Association of Property and
	Evidence Inventory Technicians; and
	(E)  other organizations in this state that
	represent clients pursuing claims of innocence based on
	post-conviction biological evidence.
	(b)  The Department of Public Safety of the State of Texas
	shall adopt the standards and rules required by Section 1705.011,
	Occupations Code, as added by this Act, not later than September 1,
	2014.
	SECTION 3.  This Act takes effect September 1, 2013.